State v. Smith

The defendant and H. W. Ruark were jointly charged in an information filed by the prosecuting attorney of Lincoln county with the crime of larceny, in that they did take, steal, and carry away two thousand dollars, the property of the Davenport Union Warehouse Company.

H. W. Ruark pleaded guilty, and the trial of defendant Bian Smith resulted in a verdict of guilty. A motion for directed verdict of acquittal was made at the time the state rested, and again at the conclusion of the trial. The motions were denied. Motions for a new trial and in arrest of judgment were presented by defendant and…